HomeMy WebLinkAboutPlanning Board Report May 2008 _05 12 08_ Final revised %AORT1i
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Town of North Andover
Annual Town Meeting
May 13, 2008
Planning Board Report
The Planning Board makes the recommendations regarding the following Town Meeting warrant articles as
required by M.G.L. c.40A, Section 5 and Chapter 2, Section 9 of the Town Code:
Article# Description
14 Town Meeting Warrant Article - Capital Improvement Plan Appropriation Fiscal Year 2009. To
see if the Town will vote to raise and appropriate, transfer from available funds, or borrow under the
provisions of Massachusetts General Laws, Chapter 44, the sums of money necessary to fund the Town
Capital Improvement Program as detailed below:
Fiscal Year 2009 CIP Recommendations
Line# P roj ect D escriptio n Town Manager's
Recommendations
General Fund Total $1,869,600
13 Truck/Compressor $38,000
14 Pickup Truck $35,000
15 Water Main Rehab $550,000
16 Foxwood Booster Pwnping $325,000
Water Enterprise Fund Total $948,000
17 East Side Trunk Sewer $750,000
Sewer Enterprise Fund Total $750,000
Total-All Capital Projects $3,567,600
(Petition of North Andover Board of Selectmen)
RECOMMENDATION: ®Favorable ❑Unfavorable
Motion by Alberto Angles to recommend favorable action on Article 1, Fiscal Year 2009 CIP
Recommendations, #13 through#17. Motion 2nd by Richard Rowen. Vote was unanimous.
16 Report of the Community Preservation Committee and Appropriation from the Community
Preservation Fund. This article proposes to see if the Town will vote to raise, borrow and/or
appropriate from the Community Preservation Fund, in accordance with the provisions of
Massachusetts General Laws Chapter 44B, a sum of money to be spent under the direction of the
Community Preservation Committee. (Petition of the Community Preservation Committee)
List of Appropriations—Community Preservation Fund
Planning Board Report
2008 Annual Town Meeting
Page 1
Description Amount Category
Old Police Court Refurbishment $91,476 Historical Preservation
Stevens Estate Restoration—Windows $30,000 Historical Preservation
(Phase I1)
Former Greenery Property — $1,350,000 Affordable Housing
Neighborhood of Affordable Housing
(NOAH)to create 42 new affordable
housing units
Reserve for Open Space $231,200 Open Space Protection
Reserve for Historical Preservation $109,724 Historical Preservation
Administrative Costs $5,000 Administration
Total Appropriations $1,817,400
RECOMMENDATION. ®Favorable ❑Unfavorable
Motion by Alberto Angles to recommend favorable action on Article 16 Motion 2nd by Richard
Rowen. Vote was unanimous.
19 Town Meeting Warrant - Appropriation and Transfer of Funds to Purchase the Former
Merrimack Valley Federal Credit Union Building Located at 1475 Osgood Street and Renovate
the Building for Use as a Police Station. This article proposes to see if the Town will vote to raise and
appropriate, transfer from available funds, or borrow under the provisions of Massachusetts General
Laws, Chapter 44, the sums of money necessary to acquire the former Merrimack Valley Federal Credit
Union building and land located at 1475 Osgood Street, and to authorize the Board of Selectmen to
acquire said building and land by gift, purchase, or eminent domain, on terms and conditions that the
Board of Selectmen deems to be in the best interests of the Town, and renovate the building including
design, engineering, construction,furniture, equipment and any related costs for use as a police station.
(Petition of the North Andover Board of Selectmen)
RECOMMENDATION. ®Favorable ❑Unfavorable
Motion by John Simons to recommend favorable action on Article 19. Motion 2nd by Alberto Angles.
Vote was unanimous.
25 Town Meeting Warrant Article - Enforcement of General and Zoning Bylaws. This article
proposes to see if the Town will vote to enforce and uphold the general and zoning bylaws of the Town
of North Andover and that the Town will be compelled to follow the official protocol for issuing a
variance or special permit through the zoning board of appeals whenever an application does not meet
the requirements of the existing bylaw. The article also establishes a mechanism in which at any time
the Town fails to enforce the Bylaw, a definitive legal opinion by special town counsel must be
Planning Board Report
2008 Annual Town Meeting
Page 2
presented to the citizens at Town meeting explaining why the bylaw is legally enforceable or was chosen
not to be defended in court. Further any town official who violates the requirements of the bylaw
without demonstrated legal standing shall be removed from his/her position as a permit granting
authority. (Petition of Steven Tryder and Others)
RECOMMENDATION. ❑Favorable ®Unfavorable
Motion by Richard Rowen to recommend unfavorable action on Article 25. Motion 2nd by Alberto
Angles. Vote was unanimous.
26 Town Meeting Warrant Article - Enforcement of Wireless Service Facilities Zoning Bylaw-
Section 8.9.3(c)(v)(1). This article proposes to see if the Town will vote to enforce Wireless Service
Facilities Section 8.9.3(c)(v)(1) of the Zoning Bylaw of the Town ofNorth Andover pertaining to the 600
minimum setback requirement measured from the adjacent property line of properties which are either
zoned for, or contain, residential and or educational uses of any types. (Petition of Michael Dyer and
Others)
RECOMMENDATION. ❑Favorable ®Unfavorable
Motion by Richard Rowen to recommend unfavorable action on Article 26 Motion 2nd by Alberto
Angles. Vote was unanimous.
27 Town Meeting Warrant Article - Amend General Bylaws - Add New Section - Chapter 92 -
Eminent Domain. This article proposes to add a new section, Chapter 92 Eminent Domain to the
General Bylaw further limiting the Town's authority to seize privately owned parcels through eminent
domain in accordance with the Kelo vs. New London U.S. Supreme Court decision by including
provisions restricting the seizure and transfer of private property for Town use only and not for the
purpose of economic development. (Petition of Edwin Tripp III)
RECOMMENDATION. ®Favorable ❑Unfavorable
Motion by John Simons to recommend favorable action on Article 27 subject to the provisions added by
Mr. Tripp amending the proposed warrant article. Motion 2nd by Richard Rowen. Vote was unanimous.
29 Town Meeting Warrant Article-Acceptance of Foulds Terrace as a Public Way. This article
authorizes the Board of Selectmen to acquire the unaccepted streets. (Petition of the North Andover
Board of Selectmen)
RECOMMENDATION. ®Favorable ❑Unfavorable
Motion by Alberto Angles to recommend favorable action on Article 29. Motion 2nd by Richard Rowen.
Vote was unanimous.
30 Town Meeting Warrant Article - Taking of Autran Avenue for a Public Way. This article
authorizes the Board of Selectmen to acquire by eminent domain, gift, and purchase or otherwise any
fee, easement or other interest in land known as Autran Avenue for purposes of a public way, and for
any other municipal purpose. (Petition of the North Andover Board of Selectmen)
RECOMMENDATION. ®Favorable ❑Unfavorable
Motion by Richard Rowen to recommend favorable action on Article 30 pending resolution of the lien
on the property. Motion 2nd by Tim Seibert. Vote was unanimous.
32 Town Meeting Warrant Article - Restrictions on Map 62, Parcels 18, 9, and 64. This article seeks
to amend Article 42 Conservation Restriction Town Farm approved at the May 13, 1997 Annual Town
Planning Board Report
2008 Annual Town Meeting
Page 3
Meeting to allow for the construction of athletic fields on said parcels and if necessary to effect this
change, to authorize the Board of Selectmen to petition the General Court of the Commonwealth of
Massachusetts for appropriate legislative relief. (Petition of the North Andover Board of Selectmen)
RECOMMENDATION. To Be Made At Town Meeting
33 Town Meeting Warrant Article-Amend North Andover General Bylaws, New Chapter, Chapter
160, Stormwater Management &Erosion Control Bylaw. This article proposes to add a new
chapter to the General Bylaw, Chapter 160, Stormwater Management&Erosion Control Bylaw
establishing the rules and regulations governing stormwater management in North Andover in
compliance with the Federal EPA mandate. (Petition of the North Andover Division of Public
Works)
RECOMMENDATION. To Be Made At Town Meeting
34 Town Meeting Warrant Article - Amend General Bylaws — Add New Chapter — Chapter 134 -
Machine Shop Village Neighborhood Conservation District Bylaw. This article will vote to amend
the General Bylaws of the Town of North Andover to enact a bylaw defined as the `Machine Shop
Village Neighborhood Conservation District Bylaw" to be inserted into the General Bylaws for the
Town of North Andover as Chapter 134. (Petition of the North Andover Board of Selectmen)
RECOMMENDATION. ®Favorable ❑Unfavorable
Motion by Alberto Angles to recommend favorable action on Article 34. Motion 2nd by Richard
Rowen. Vote was unanimous.
35 Town Meeting Warrant Article - Amend North Andover Zoning Bylaw— Section 4.122 Residence
4 District. This article proposes amend the Town of North Andover Zoning Bylaw, Section 4.122 in
order to allow a Family Suite as an allowed use within the Residence 4 Zoning District. (Petition of the
North Andover Board of Appeals)
RECOMMENDATION. ®Favorable ❑Unfavorable
Motion by Alberto Angles to recommend favorable action on Article 35 and to amend the proposed
language to replicate the current zoning language for a Family Suite allowed in the Residential I
through Residential 3 Districts. Motion 2nd by Richard Rowen. Vote was unanimous.
36 Town Meeting Warrant Article-Amend North Andover Zoning Bylaw— Section 6 Signs and Sign
Lighting Regulations. This article seeks to amend the Town of North Andover Zoning Bylaw, Section 6
Signs and Sign Lighting Regulations, Subsection 63 Definitions by defining an `A-Frame/Sandwich
Board" sign and `Animated Sign" and amending Subsection 66(B) Permitted Signs by adding
language requiring a Sign Permit for A-Frame/Sandwich Board signs within all zoning districts.
(Petition of the North Andover Planning Board)
RECOMMENDATION. ®Favorable ❑Unfavorable
Motion by Richard Rowen to recommend favorable action on Article 36 Motion 2nd by John
Simons. Vote was unanimous.
37 Town Meeting Warrant Article - Amend Zoning Bylaw— New Zoning District, Amending Section
16 — Addition Corridor Development District 3 (CDD3). This article proposes to vote to amend
Section 16 of the North Andover Bylaw to create and establish a third Corridor Development District,
Planning Board Report
2008 Annual Town Meeting
Page 4
Corridor Development District 3 (CDD3), to amend North Andover Bylaw Section 3.1 Establishment of
Districts, and amend Table I & Table 2 of the Bylaw to include the summary of uses and dimensional
requirements of the CDD3. (Petition of the North Andover Planning Board)
RECOMMENDATION. ®Favorable ❑Unfavorable
Motion by Richard Rowen to recommend favorable action on Article 37. Motion 2nd by John Simons.
Vote was unanimous.
38 Town Meeting Warrant Article - Amend Zoning Map - Rezone Rte. 125 / Osgood Street Between
Barker's Farm and Boundary of Haverhill -Corridor Development District 3 (CDD3). This article
proposes to amend then Zoning Map of the Town of North Andover pursuant to Section 3.2 to rezone
twenty-nine (29) parcels fronting Route 125 10sgood Street, Bradford Street, Beechwood Drive, and
Orchard Village Road from their current zoning designations to Corridor Development District 3. Said
parcels begin at Map 34, Parcel 10 (Barkers's Farm) and terminate at Map 61, Parcel 39 (boundary of
Haverhill and North Andover). (Petition of the North Andover Planning Board)
RECOMMENDATION. ®Favorable ❑Unfavorable
Motion by Richard Rowen to recommend favorable action on Article 38 and to modify the CDD3 zoning
boundary line slightly to provide property owners additional flexibility and to promote sound
development along the Northern corridor of Rte. 125. Motion 2nd by Tim Seibert. Vote was unanimous.
39 Town Meeting Warrant Article - Amend Zoning Bylaw Section 8.1 Off-Street and Section 8.4
Screening and Landscaping Requirements for Off-Street Parking. This article proposes to amend
Zoning Bylaw Section 8.1 Off-Street by replacing the entire subsection with and update the table of
parking requirements, establishing design standards, and creating flexible regulations to improve
overall parking design and safety. The article also seeks to amend Section 8.4 Screening and
Landscaping Requirements for Off-Street Parking by adding screening requirements and regulations for
the Village Commercial District and Residential District.
(Petition of the North Andover Planning Board)
RECOMMENDATION. ®Favorable ❑Unfavorable
Motion by John Simons to recommend favorable action on Article 39. Motion 2nd by Jennifer
Kusek. Vote was unanimous.
40 Town Meeting Warrant Article - Amend North Andover Zoning Bylaw — Section 4.2 Phased
Development Bylaw. This article proposes to amend the Town of North Andover Zoning Bylaw,
Sections 4.2.4(a) in order to allow the Planning Board additional flexibility in determining an
appropriate development schedule for projects to promote orderly growth. (Petition of the North
Andover Planning Board)
RECOMMENDATION. ®Favorable ❑Unfavorable
Motion by Richard Rowen to recommend favorable action on Article 40. Motion 2nd by Alberto Angles.
Vote was unanimous.
42 Town Meeting Warrant Article - Amend North Andover Zoning Bylaw — Section 2.68 Structure
and add new Section 2.68.a Structure — Temporary. This article proposes to amend the Town of
North Andover Zoning Bylaw, Section 2.68 in order to further clarify the definition of a structure and
add a new definition 2.68.a Structure Temporary to define a temporary structure. (Petition of the
North Andover Planning Board)
Planning Board Report
2008 Annual Town Meeting
Page 5
RECOMMENDATION. ®Favorable ❑Unfavorable
Motion by Alberto Angles to recommend favorable action on Article 42. Motion 2nd by Richard Rowen.
Vote was unanimous.
43 Town Meeting Warrant Article-Amend North Andover Zoning Bylaw— Section 4.126
Business 1 District and Section 4.127 Business 2 District. This article proposes to see if the Town
will vote to amend the Town of North Andover Zoning Bylaw, Section 4.126 and Section 4.127 in order
to maximize the size of retail establishments within the Business I District and Business 2 District.
(Petition of the North Andover Board of Selectmen)
RECOMMENDATION. To Be Made At Town Meeting
44 Town Meeting Warrant Article - Amend Zoning Map — 2302 Turnpike Street, Assessors Map
108A, Lot 9 from Residential (R-2) to Business 2 (B-2). This article proposes to amend the Zoning
Map of the Town of North Andover, to rezone two parcels of land collectively consisting of 3.52 acres of
land from their current zoning designation of Residential 2 (R-2) to Business 2 (B-2). Said parcels of
land are known and numbered as 2302 Turnpike Street. (Petition of the John Smolak)
RECOMMENDATION. ®Favorable ❑Unfavorable
Motion by Richard Rowen to recommend favorable action on Article 44 with the inclusion of a signed
covenant restricting certain uses allowed within the Business 2 Zoning District. Motion 2nd by Tim
Seibert. Vote was unanimous.
45 Town Meeting Warrant Article - Amend Zoning Map—4 Parcels— 396—398 Andover Street, 404
Andover Street, 424 Andover Street and 426 Andover Street from Residential 4 - R4 to Business 1
(B-1). This article proposes to amend the Zoning Map of the Town of North Andover to rezone four (4)
parcels of land, known and numbered 396-398 Andover Street, 404 Andover Street, 424 Andover Street,
and 426 Andover Street from their current zoning designation of Residential 4 (R4) to Business I (B-1).
(Petition of the Peter Lafond)
RECOMMENDATION. To Be Made At Town Meeting
Planning Board Report
2008 Annual Town Meeting
Page 6
AMENDED TOWN MEETING WARRANT ARTICLES
ARTICLE 35. Amend North Andover Zoning Bylaw—Section 4.122 Residence 4 District.
MOTION: MOVE TO ADOPT ARTICLE 35 AS PRINTED IN THE WARRANT WITH THE FOLLOWING
AMENDMENTS.
DELETE THE FOLLOWING LANGUAGE SHOWN AS STRICKEN BELOW AND ADD THE FOLLOWING
UNDERLINED LANGUAGE. PLEASE READ DELETED AND ADDED LANGUAGE IN MOTION.
4.122 Residence 4 District
22. Family Suite — a separate dwelling unit loeuted within or attached to a dwelling for a member of a household
hereinafter('Eg if °wito is allowable by Special Permit by the Board qfAppea ls provided:
a. The Aare dwelling unit is not occupied by a f mi member-, whieh shall inelude., anyone except brothers,
sisters, maternal and paternal parents,- and grandparents, t , a nts, eousins in t'e rmst degree,
g'e ° 'ai �' 'in laws-, n ' or children, of the residing A °'�owners f�
of the dwelling unit;
b. That the premises she are inspected annually by the Building Inspector for conformance to this section of the
Bylaw and the Dwelling Piit Owner shall eert�#,the same, of whieh,failure to inspeet the 19remises by the
R,.;1.7;ng T,,.s.eet.,,.shall not i .,lid the C.eei l Permit-;
c. The Special Permit shall be recorded at the North Essex Registry of Deeds.
Or to take any other action relative thereto.
EXPLANATION: The language was amended to be consistent with the existing zoning Bylaw language allowing Family
Suites as a permitted use in the Residential 1 through 3 Zoning Districts.
ARTICLE 37. Amend Zoning Bylaw—New Zoning District,Amending Section 16—Addition Corridor Development
District 3(CDD3).
MOTION. MOVE TO ADOPT ARTICLE 34 AS PRINTED IN THE WARRANT WITH THE FOLLOWING AMENDMENT
DELETE THE FOLLOWING LANGUAGE SHOWN AS STRICKEN BELOW AND ADD THE FOLLOWING
UNDERLINED LANGUAGE: PLEASE READ DELETED AND ADDED LANGUAGE IN MOTION.
16.4 Corridor Development District 3(CDD3)-Permitted Uses
In the Corridor Development District 3, no building or structure shall be reconstructed, erected, altered or used for any
other purpose than the following:
2. Eating and DfipAdng Establishment. Restaurants excluding drive-through facilities.
EXPLANATION: The language was amended to reflect discussions between the Planning Board and general public
disallowing drive-through facilities in connection with a restaurant as an allowed use within the CDD3.
ARTICLE 38. Amend Zoning Map - Rezone Rte. 125 / Osgood Street Between Barker's Farm and Boundary of
Haverhill-Corridor Development District 3(CDD3).
MOTION: MOVE TO ADOPT ARTICLE 38 AS PRINTED IN THE WARRANT WITH THE FOLLOWING
AMENDMENTS:
DELETE THE FOLLOWING LANGUAGE SHOWN AS STRICKEN BELOW: LANGUAGE BETWEEN "Map 61,
Parcel 38" and"Map 61, Parcel 22 Shall be zoned entirely Residential 2.". PLEASE READ DELETED LANGUAGE IN
MOTIONS.
Planning Board Report
2008 Annual Town Meeting
Page 7
ARTICLE 38. (Continued)
➢ To rezone fifteen (15)parcels of land, consisting of approximately 27.6 acres, with land fronting Osgood Street and
Bradford Street beginning at the Haverhill and North Andover Town boundary line and extending easterly and
southeasterly by a line parallel to and distant 500 feet easterly from the centerline of Rte. 125/Osgood Street to and
including Assessor's Map 34, Parcel 41 with the following exceptions:
■ The Corridor Development District 3 Zoning designation shall be extended to include the entire property
boundaries ofMap 61, Parcel 38.
boundaries of-AMp 61, Pareel 66.
f AMp 3 4 D.,,eel 41 shall be zoned enfire4 Desid.,,,fial7
■ Map 61, Parcel 22 shall be zoned entirely Residential 2.
AND IN CONNECTION,DECREASE THE CDD3 ZONING BOUNDARY LINE EASTERLY AND SOUTHERLY FOR
MAP 61,PARCEL 66 AND MAP 34,PARCEL 31 BY A LINE PARALLEL TO AND DISTANT 500 FEET EASTERLY
FROM THE CENTERLINE OF RTE. 125/OSGOOD STREET AND AS SHOWN ON THE MAP BELOW.
EXPLANATION: The amended language and map for Article 38 reflects discussions between the Planning Board and
general public to maintain the current zoning delineation line(500 feet from centerline of Rte. 125)for Map 61,Parcel 66
and Map 34,Parcel 31 presently zoned Industrial S. The modifications will continue to provide flexibility for maximizing
the allowed uses for the properties and allow sufficient buffering to adjacent properties zoned Residential.
Amended CDD3 Zoning District
Boundary Line
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Approx. 500 feet from 0 LO-0 18,,'
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centerline Rte. 125N
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CDD3 Zoning boundary line for Map
61,Parcel 66 and Map 34,Parcel 31.
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034.0-000 `,..
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Proposed Zoning District �'� �/ o
CDD3
Planning Board Report
2008 Annual Town Meeting
Page 8